While there is a general acceptance of the role of private property for social order and economic prosperity, the challenges to private property have not ended. The eminent domain issue is one threat; another comes from environmentalist groups such as the Foundation for Deep Ecology and others who see humans as a drain on the earth and nature. Some environmentalists advocate the consolidation of land to be put under federal control and promote stringent land usage restrictions that would prevent a landowner using his property fruitfully.

Their argument is nothing new: individuals left to themselves will not be as effective as central planners in decided the best way to allocate and protect resources, etc. etc—they are merely variants of the Marxian arguments used by economic central planners.

Despite the rhetoric, common ownership of land and resources has not been an effective means of addressing problems. It failed under applied socialism, and has not led to environmental protection and stewardship as environmentalists hope. Private property ownership creates incentives for people to use land wisely and in a sustainable manner. John Stossel gives an excellent illustrations of the importance of incentives and the private ownwership including privatizing elephant ownership in Africa.

St. Thomas Aquinas addressed the question of property and human incentives in the 13th century. He argued it is lawful to own property for three reasons:

First, because every man is more careful to procure what is for himself alone than that which is common to many or to all: since each one would shirk the labor and leave to another that which concerns the community, as happens where there is a great number of servants.

Secondly, because human affairs are conducted in more orderly fashion if each man is charged with taking care of some particular thing himself, whereas there would be confusion if everyone has to look after one thing indeterminately.

Thirdly, because a more peaceful state is ensured to man if each one is contented with his own. Hence it is to observed that quarrels arise more frequently where ther is no division of the things possessed.

Notice the humanist vision—the appreciation for the individual, an understanding of human nature, a respect for the capabilities of individuals to make decisions and control their own sphere. Also notice point number three. Compare this to the unspeakable violence perpetrated by socialist government leaders on their own citizens because they were not “content” with operating in their own sphere.

It is unfortunate Marx and the socialists were not steeped in the thought of St. Thomas early on. Who knows, it could have avoided some of the pain and suffering imposed by socialist governments on their own people. But the reality of Marxism has become clear. As Pope Benedict put it in his new encyclical Deus Caritas Est

Marxism had seen world revolution and its preliminaries as the panacea for the social problem: revolution and the subsequent collectivization of the means of production, so it was claimed, would immediately change things for the better. This illusion has vanished.

The leftwing environmentalists are part of a long line of central planners. They want to the control of property in the hand of government bureaucrats and planners, i.e., themselves. But planners are always less effective than those closer to the problem, because no matter how much they know, or think they know, they’ll never has as much knowledge as those individuals on the ground close to the situation. This is the principle of subsidiarity—rooted in Aquinas’ defense of private property. Wisdom of the past as applicable today as it was then.

I want to bring to your attention a pending threat to property rights in our nation that is being promoted (in all ignorance, likely) by the same conservative legislators that publicly champion property rights. In the pending Immigration legislation, which is in conference committee right now, the House version calls for 700+ miles of border fencing, the Senate version “only” 300+ miles. This is not just a couple of strands of barbed wire, it is 2 layers, 15 feet tall, with a road between them and 24 hour spotlights. That means that anyone owning private property in the designated areas has to give it up whether they want to or not. You might think, “good thing there are laws protecting private property.” One problem – according to 2005’s Real ID act,

(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section. (2) NO JUDICIAL REVIEW- Notwithstanding any other provision of law (statutory or nonstatutory), no court, administrative agency, or other entity shall have jurisdiction– (A) to hear any cause or claim arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1); or (B) to order compensatory, declaratory, injunctive, equitable, or any other relief for damage alleged to arise from any such action or decision.

So, no private property laws apply. What exactly was it that we were trying to protect with this fence?